Cristi Holland v. Estate of Philip Wayne Jackson

DISMISSED and Opinion Filed June 27, 2024

S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00531-CV

CRISTI HOLLAND, Appellant
V.
ESTATE OF PHILIP WAYNE JACKSON, Appellee

On Appeal from the County Court at Law No. 4
Dallas County, Texas
Trial Court Cause No. CC-24-01266-D

MEMORANDUM OPINION
Before Justices Smith, Miskel, and Breedlove
Opinion by Justice Miskel
Before the court is appellee’s June 7, 2024 motion to dismiss this appeal

because, in part, appellant failed to timely file her notice of appeal. Appellant failed

to respond to appellee’s motion.

In the absence of a timely post-judgment motion extending the appellate

timetable, the notice of appeal is due thirty days after the judgment is signed. See

TEX. R. APP. P. 26.1. Here, the judgment was signed March 19, 2024, and the record

does not show any timely post-judgment motion extending the appellate timetable.

Accordingly, the notice of appeal was due April 18, 2024, or with an extension
motion, no later than May 3, 2024. See TEX. R. APP. P. 26.1(a), 26.3. Appellant filed

her notice of appeal on May 6, 2024.

Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX.

R. APP. P. 25.1(b); Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d

542, 545 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g) (timely filing of notice of

appeal is jurisdictional). We grant appellee’s motion and dismiss the appeal for want

of jurisdiction. See TEX. R. APP. P. 42.3(a); Brashear, 302 S.W.3d at 545.

/Emily Miskel/
EMILY MISKEL
240531F.P05 JUSTICE

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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

CRISTI HOLLAND, Appellant On Appeal from the County Court at
Law No. 4, Dallas County, Texas
No. 05-24-00531-CV V. Trial Court Cause No. CC-24-01266-
D.
ESTATE OF PHILIP WAYNE Opinion delivered by Justice Miskel.
JACKSON, Appellee Justices Smith and Breedlove
participating.

In accordance with this Court’s opinion of this date, the appeal is
DISMISSED for want of jurisdiction.

Judgment entered this 27th day of June 2024.

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